Levold v. Pederson

Citations

• 130 Wash. 380
• 227 P. 510
• 1924 Wash. LEXIS 657

Syllabus

<p>Limitation op Actions (17) — Oral Contracts — Partly in Writing. An action to recover an agent’s commissions of five per cent upon the amount of ship building contracts secured by the agent, pursuant to an oral agreement, confirmed by letters from the principal to the agent stating that the principal is able to comply with certain specified conditions and referring to the agent’s statement that the agent “will award me a contract to.build eight vessels for the French Syndicate at a price of $305,000 each, less 5% com,” is an action on an oral contract, subject to the three-year statute of limitations; since the terms of the agreement for commissions are not contained in the writing and rest in parol. .</p> <p>Same (17). In such a case, a letter written on the same day to the principal by the party for whom the ships were to be built, stating that “it is agreeable to me that you pay” to the agent five per cent commission for his services, “this also being in conformity with your mutual agreement as per the letter from you” to the agent of the same date, constitutes no part of the contract for the commissions; and it is not error to strike the allegation thereof from the complaint, thereby precluding the inclusion of the same in .an amended complaint (Mitchell, Tolman, and Pemberton, JJ., dissent) .</p>